Legal Question in Family Law in Maryland
I reside in state of MD, my husband & I have separated and are residing at separate residences. Do I need to be "legally" separated for a yr prior to filing for divorce? What does "legal separation" mean exactly?
Asked on 1/27/11, 11:15 am
1 Answer from Attorneys
Paula McGill
Attorney at Law
If both of your had agreed to separate the following has to apply before you can file for divorce:
(i) the parties voluntarily have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce; and
(ii) there is no reasonable expectation of reconciliation.
If it was an involuntary separation, you have to live separate for 24 months.
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Answered on 1/27/11, 9:48 pm
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